The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged in this case is the representative director of the corporation B which manufactures electronic parts, etc., and the victim C is a person who works in (main)D in charge of electrical safety management services of the above company.

Around August 31, 2018, the Defendant stated that “the Defendant was unable to purchase raw materials from the victim who was taking an electrical safety inspection at the office of the Seo-gu Incheon E company, Seo-gu, Incheon.” The Defendant was false to the effect that “I would pay 200,000 won as interest on the last day of each month and complete payment of the principal by January 7, 2019.”

However, at the time, the defendant was unable to obtain a loan in excess of his/her obligation and was able to obtain money for the partial repayment of the existing obligation due to the profits from the operation of the company.

The Defendant, by deceiving the victim as such, was transferred to an enterprise bank account in the name of the Defendant for the same day from the victim under the name of the victim.

2. The assertion and judgment

A. Although the Defendant and the defense counsel have borrowed KRW 30 million from the victim as stated in the facts charged, the Defendant did not have the intent to commit the crime at the time of deception.

B. Determination 1 of the establishment of a crime of fraud is determined at the time of the act. As such, if the borrower had the intent and ability to repay the money at the time of lending the money in a loan for consumption, then the borrower did not pay the money thereafter.

This is merely a non-performance of civil liability, and criminal fraud is not established.

Therefore, in the loan for consumption, the lender is aware of the credit standing of the borrower through the personal relationship such as the relationship between the lender and the borrower in the loan for consumption, and the continuous transaction relationship.